Section 312 in The Orissa Municipal Corporation Act, 2003
312. Affixing of pipes for ventilation of drains.
(1)For the purpose of ventilating any drain or cess-pool, whether belonging to the Corporation or to any other person, the Commissioner may erect upon premises or affix to the outside of any building any shaft or pipe, as may appear to the Commissioner necessary and cut through any projection from any building including the eaves of any roof thereof in order to carry such shaft or pipe through any such projection, and lay in through or under any land, such appliances as may in the opinion of the Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated :Provided that any shaft or pipe so erected or affixed shall -(a)be carried at least fifteen feet higher than any skylight or window situated within a distance of forty feet therefrom;(b)if the same is affixed to a wall supporting the eave of a roof be carried at least five feet higher than such eave;(c)be erected or affixed so as to create the least practicable nuisance or inconvenience to the inhabitants of the neighbour; and(d)be removed by the Commissioner to some other place, if at any time the owner of the premises of building upon or to which the same has been erected or affixed is desirous of effecting any change in his property which cannot be carried out, or can not without unreasonable inconvenience be carried out, unless the shaft or pipe is removed.(2)If the Commissioner declines to remove a shaft or pipe under clause (d) of the provision to Sub-section (1), the owner of the premises or building upon or to which the same has been erected or affixed, may apply to the District Judge and the District Judge may, after such enquiry as he thinks fit to make, direct the Commissioner to remove the shaft or pipe and it shall be incumbent on the Commissioner to obey such order.(3)Where the owner of any building or land cut through, opened or otherwise dealt with under Sub-section (1) is not the owner of the drain or cess-pool intended to be ventilated, the Commissioner shall, so far as practicable, reinstate and make good such building, and fill in and make good such land, at the charge of the Corporation fund.
